In Misc. Appeal No. 214/2024, the DRAT disposed of the main appeal without merits. Interim relief regarding dispossession of property is to be considered by the lower tribunal on the specified date.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson I.A. No. 866/2024 (Stay) In Misc. Appeal No. 214/2024
Between
Surbhi Vatsal Somani … Appellant/s
V/s.
Bank of Baroda & Ors. …Respondent/s
Mr G.R. Kinkhabwala i/b Mr Ritesh Patadia, Advocate for Appellant. No representation for the respondents.
The matter is taken up for hearing by way of a praecipe filed by the Appellant for seeking urgent relief.
The appellant claims to be a bonafide purchaser of the property which is being proceeded against in Recovery Proceedings No. 48/2014 by the Ld. Recovery Officer executing the Recovery Certificate issued in favour of the respondent bank for the realization of the debt allegedly due from the borrower in Original Application No. 346/2013 (O.A.). The appellant is a bonafide purchaser of the property which is identified as a property belonging to the respondents and is proceeded against by the Ld. Recovery Officer filed an application claiming interest in the property. The Ld. Recovery Officer, vide order dated 06.11.2024 rejected the claim of the appellant. Aggrieved by that, the appellant approached the Debts Recovery Tribunal u/s 13 of the Recovery of Debts & Bankruptcy Act, 1993 (“RDB ACT”, for short)
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by filing Appeal No. 11/2024. The appellant pressed for an interim relief against her being dispossessed from the property and that application and the appeal are listed for hearing on 13.12.2024 after serving notice on the respondent bank. The appellant is anxious that she may be dispossessed from the property in accordance with the action taken by the Ld. Recovery Officer on 13.12.2024 and the hearing of the appeal on that date subsequently would render the action infructuous and hence, the urgency. Notice has been served on the respondent bank but none appeared so far. In view of the fact that the Ld. Presiding Officer has not yet taken any decision concerning the interim reliefs sought by the appellant, it is not proper to go into the merits of the appeal at this stage and justice would be done if an interim relief is granted to the appellant till the disposal of the interlocutory prayer for protection is considered by the Ld. Presiding Officer in Appeal No. 11/2024.
Nothing survives in the Appeal and therefore, stands disposed of. The interim reliefs sought by the appellant shall considered on 13.12.2024 or any other date as is convenient by the Ld. Presiding Officer and appropriate orders shall be passed.
Sd/Chairperson
nrp- 05
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Surbhi Vatsal Somani
Bank of Baroda & Ors.
Ashok Menon
As recorded by the court registry
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